Petition for Permanent Disability Damage and Caregiver Expenses

TO THE DUTY PRIMARY COMMERCIAL COURT
OF ISTANBUL

PLAINTIFF  : Name and Surname – (Turkish Republic Identity Number: …) – Address
REPRESENTATIVE   : Lawyer's Name and Surname – Address
DEFENDANT  : … Insurance Inc. – Address

SUBJECT OF THE CASE : An Unspecified Claim Lawsuit Pursuant to Article 107 of the Code of Civil Procedure (A lawsuit for an unspecified claim of 3 TL in total, consisting of 1 TL for permanent disability compensation due to a traffic accident, 1 TL for temporary caregiver expenses, and 1 TL for caregiver expenses for the period of permanent dependency).

EXPLANATIONS :

1- On …/…/…, a traffic accident occurred when the vehicle with license plate number …, driven by …, struck my client, who was crossing the street on … Street. My client was seriously injured in this accident and underwent a long period of treatment as a result. The vehicle that caused the accident has license plate number … and its insurance policy is issued by … Insurance Inc. My client is not at fault in any way in the accident.

2- The mediation process, which is a mandatory prerequisite for filing a lawsuit for commercial disputes, was initiated on …/…/… and a mediator was appointed by the Ministry of Justice. No agreement was reached between the parties during the mediation meetings held on …/…/… and a disagreement report was prepared on …/…/… to resolve the dispute. Therefore, filing a lawsuit has become necessary.

3- The damages resulting from our client's injuries, treatment, and loss of earning capacity due to the traffic accident affect not only the driver of the vehicle involved in the accident but also the vehicle owners and insurance companies. Since it is currently impossible to fully determine our client's actual losses, a claim for an uncertain amount of 3 TL has been filed for permanent disability, temporary caregiver expenses, and caregiver expenses for the period of permanent dependency. These claim items are intended to clarify the actual losses in later stages.

EVIDENCE :
1- The criminal file of the Diyarbakır Chief Public Prosecutor's Office dated …/…/… and numbered …, along with expert reports and other documents within this file,
2- Medical reports obtained from … Training and Research Hospital,
3- Accident report,
4- Copies of vehicle licenses and registration documents.

LEGAL GROUNDS : Code of Civil Procedure, Turkish Commercial Code, Turkish Code of Obligations, Turkish Commercial Code and related legislation.

CONCLUSION AND REQUEST : For the reasons explained above, reserving our rights regarding further claims, we respectfully request and demand that our case be accepted; that the defendants be ordered to pay, jointly and severally, 3 TL in material damages, along with commercial interest accruing from the date of their default; that a preliminary inspection date be set and a report on fault, disability, and accounting be obtained; and that the court costs and attorney fees be borne by the defendants.

…/…/…
Plaintiff's
Name and Surname
Signature